How to protect innovation in international markets
Innovation is a global resource. A startup operating from Israel, Sweden or Singapore knows in advance that its product is not meant to remain within the borders of the country. The potential is almost always international, and so are the risks. But while products and services are designed to adapt to the global market, many forget that the same principle should also be applied to legal protection. Intellectual property is not just the result of development – it is an asset that needs to be planned for. Multi-state protection From the very first stage.
In a world where companies are competing for markets, investors consider IP portfolios as an integral part of valuation, and competitors can copy a product and launch a local version within months – global protection becomes a critical tool. But contrary to what it seems, this is an area that requires not only legal understanding but Ability to plan, schedule and optimize resources. In most cases, a startup company will not submit Patents all over the world, not at the same time, not with the same strategy. Smart choices are critical at this point.
Choosing a global protection strategy begins with understanding the company's future activity map. Where is the product expected to go? What are the main target markets? Which countries are at risk of copying? Startups often tend to submit applications only in Israel or the United States, thinking that these are "natural" destinations. But in practice, the real market may be in Europe, Asia, or developing countries where the potential is great - but the level of enforcement is also lower. Therefore, the choice of where to register should be informed, based on business, regulatory, and competitive considerations.
Any decision regarding the scope of protection begins with the filing of the first application – whether it is a provisional application or a full application. After that, there is one year in which international applications can be filed and the priority date maintained. This is a critical time window. Within this window, one must plan whether to file a PCT application that allows for “deferring the decision” on entry into specific countries for an additional 18 months – or to choose the national route immediately, and file in selected countries. This choice depends on strategy, budget, and risk assessment.
The PCT route has become particularly popular among growing companies because it provides flexibility. It allows a company to buy time – to raise capital, test the market, formulate a commercialization strategy, before making the major investment of registering in each country. However, the PCT is not a “worldwide patent,” and does not guarantee enforcement or approval in any territory. Ultimately, each country where protection is sought requires an independent process – with local legal examination, fees, and the use of local patent attorneys.
The National Phase Entry stage is also a stage where many make costly mistakes. Some apply to too many countries without understanding the long-term costs of maintenance fees and responding to examination reports. Others file in just one country and then discover that competition has emerged in the market where the patent was not registered. Therefore, planning should be done in conjunction with an intellectual property advisor, not based on gut feelings.
In many cases, it is useful to build “layers of protection” – filings that cover not only the main development, but also future variations, minor versions, or complementary components. For example, one application might cover the core algorithm, a second application the user interface, and a third the hardware integration. We may not always want to register all of them in all countries, but their very existence gives the company flexibility to respond to changes in the market, recruitment, or competitive threats.
One of the key issues in the context of global protection It is not only where to register a patent – but also where to To enforce it in practice. A registered patent is a prerequisite, but not always sufficient. In the United States, for example, there is a well-established and clear legal system, with a real possibility to sue for infringement, obtain temporary injunctions, and more. In contrast, in China, for example, although the system has improved significantly in recent years, patent enforcement can still be more complex, requiring a deep understanding of the local context. Therefore, when building an international patent portfolio, it is important to consider not only the country's commercial potential, but also Real enforcement ability in the event of a violation.
A proper global approach doesn’t start with delivery – it starts with early planning. Companies that succeed in building Strategy IP Globally, the idea is already integrated, Able to both act correctly when the product is launched, and appear mature and serious to investors. Early investment in defense planning shortens time, reduces costs, and prevents costly mistakes.
Protecting intellectual property in international markets is not a privilege of giant companies – but a critical tool for startups as well. When you build the strategy correctly, plan according to target countries, and adapt the protection to the product structure and risk map, Intellectual property becomes real property, which protects innovation and strengthens the company's position at every business juncture.
🌍 If you are planning to break into international markets, or are already operating in them, It's time to make sure your defense also speaks a global language..
We will be happy to build with you. Strategy IP International That supports your business goals – and gets you ahead of the competition.
We are available to you on WhatsApp, by phone 052-9770917 and by email. office@en-ip.com.
